HC Deb 10 June 1971 vol 818 cc1380-2

Lords Amendment No. 18: In page 26, line 21, at end insert new Clause "C"— C.—(1) A highway authority shall have power to provide on land adjoining, or in the vicinity of, a highway or proposed highway for which they are, or, as the case may be, will be, the highway authority an area, which may be used for all or any of the following purposes, that is to say—

  1. (a) the parking of heavy goods vehicles;
  2. (b) the transfer of goods to or from any such vehicle from or to any other vehicle; and
  3. (c) the temporary storage of goods which have been or are to be carried or hauled by heavy goods vehicles.
An area provided under this section is in this Act referred to as a "lorry area". (2) For the purpose of enabling a lorry area to be used as mentioned in subsection (1) above, the highway authority by whom the area is provided shall have power to erect buildings and execute works on the area for the purpose of providing all or any of the following, that is to say—
  1. (a) parking places for heavy goods vehicles and, if the lorry area is to be used for either or both of the purposes mentioned in subsection (1)(b) and (c) above, parking places for other vehicles which will be on the area in connection with that purpose or those purposes;
  2. (b) a means of access to or from the area from or to a highway;
  3. (c) facilities for the accommodation of persons who will be on the lorry area in connection with any purpose for which the area may be used in pursuance of subsection (1) above or with the provision on the area of any such facilities as are mentioned in this subsection;
  4. (d) facilities for the provision of meals and refreshments for such persons as are mentioned in paragraph (c) above;
  5. (e) facilities for handling and storing goods which have been or are to be carried or hauled by heavy goods vehicles;
  6. (f) service station facilities for such vehicles and for other vehicles entitled to be on the lorry area;
  7. (g) sanitary conveniences (including lavatories) for such persons as are mentioned in paragraph (c) above;
and power to install or provide in buildings erected by them under this subsection or elsewhere on the lorry area such equipment, furniture and apparatus as may be necessary for the purpose of providing such facilities or conveniences. (3) A highway authority shall have power to make arrangements with some other person, not being a council, for anything which that authority have power to do under subsection (2) above to be done by that other person and power to lease the lorry area or any part thereof to that other person, but shall not themselves have power to operate any such facilities as are mentioned in paragraphs (c), (d) and (e) of that subsection. (4) Where a lorry area is provided by the Secretary of State under this section he may enter into agreements with a local authority for the exercise by that authority of all or any of his powers under subsection (2) above or of the powers conferred on him in his capacity as a highway authority by virtue of subsection (5) below, so, however, that section 10(2) of the principal Act (discharge of functions delegated by the Secretary of State to a council) shall apply to the exercise of the powers of a local authority under any such agreement and to the conditions to be included in any such agreement as it applies to the discharge of functions delegated under that section to a council and to the conditions to be attached to any such delegation. (5) Section 31 of the Road Traffic Regulation Act 1967 (power to make orders as to use of certain parking places) shall apply in relation to a lorry area as it applies in relation to an off-street parking place provided under section 28 of that Act as if for references to a local authority and such a parking place there were substituted references to a highway authority and a lorry area respectively, and sections 84A, 84B, 84C, 84D and 85 of that Act (provisions with respect to certain orders and offences, including orders and offences under the said section 31) shall have effect as if—
  1. (a) references therein to the said section 31 and a local authority included references to that section as applied by this subsection and a local highway authority respectively;
  2. (b) references in section 84D to a parking place included references to a lorry area; and
  3. (c) the reference in section 85(2) to the local authority for the parking place included a reference to the highway authority by whom the lorry area was provided.
 (6) The power of the Secretary of State under section 235 of the principal Act to make, with Treasury approval, advances to a highway authority shall include power to make such advances in respect of expenses incurred by such an authority in connection with the provision of a lorry area or in the exercise of any other power under this section. (7) A local authority may contribute towards any expenses incurred by the Secretary of State under this section. (8) In this section— goods" includes goods or burden of any description; heavy goods vehicle" means a motor vehicle constructed or adapted for use for the carriage or haulage of goods, being a vehicle having an unladen weight of two tons or more, or a trailer; local authority" has the same meaning as in section 27 of this Act; motor vehicle" has the same meaning as in the Road Traffic Act 1960; trailer" means a vehicle constructed or adapted for use for the carriage of goods and drawn or intended to be drawn by a motor vehicle.

Read a Second time.

Amendment to the Lords Amendment made: Leave out "and (e)" and insert "(e) and (f)".—[Mr. Michael Heseltine.]

Lords Amendment, as amended, agreed to. [Special Entry.]

Mr. Deputy Speaker

It may be for the convenience of the House to take Amendments Nos. 19 to 62 together. I call the attention of the House to the fact that privilege is involved in Amendments Nos. 25, 27, 52 and 58.

Mr. Graham Page

On a point of order, Mr. Deputy Speaker. It would be for the convenience of the House to take with Lords Amendment No. 19 all Amendments up to the end of the Notice Paper. I am not sure whether I can move the ones to the Title at the same time, but at least to No. 61, if that is in order, and possibly to No. 64. Perhaps I might have your guidance on that.

Mr. Deputy Speaker

If that is for the convenience of the House, we can extend it from No. 19 to No. 64.

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